Legislature(2011 - 2012)CAPITOL 106

03/15/2012 03:00 PM HEALTH & SOCIAL SERVICES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 127 FETAL ALCOHOL DISORDERS AWARENESS DAY TELECONFERENCED
Moved Out of Committee
*+ HB 343 DISCLOSURE OF CHILDREN'S RECORDS TELECONFERENCED
Moved CSHB 343(HSS) Out of Committee
+= HB 218 PRESCRIPTION DRUG SPECIALTY TIERS TELECONFERENCED
Moved Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
            HB 343-DISCLOSURE OF CHILDREN'S RECORDS                                                                         
                                                                                                                                
3:39:30 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced that the  final order of business would be                                                               
HOUSE BILL NO. 343, "An Act  relating to disclosure of records of                                                               
the  Department  of  Health and  Social  Services  pertaining  to                                                               
children  in   certain  circumstances;   and  providing   for  an                                                               
effective date."                                                                                                                
                                                                                                                                
3:39:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CATHY  MUNOZ,  Alaska State  Legislature,  stated                                                               
that the proposed  bill would improve the  sharing of information                                                               
between  Division   of  Juvenile   Justice  and  the   Office  of                                                               
Children's Services, which  would help both agencies,  as part of                                                               
Department of Health  and Social Services, to  better protect and                                                               
serve  their   clients.    She   explained  that,   although  the                                                               
affiliation was  established in law, the  actual relationship was                                                               
not always  so clearly understood  by some staff,  attorneys, and                                                               
judges,  and  that  the  proposed bill  clarified  that  the  two                                                               
agencies could share  information.  She stated  that the proposed                                                               
bill would  also improve  the ability  to share  information with                                                               
former  clients, specifically  children  who were  once in  state                                                               
custody,  and their  parents or  guardians who  had a  legitimate                                                               
interest in  the information.   She gave examples  of application                                                               
to the military, and university  studies, as legitimate needs for                                                               
access to  old records.   She described  the third aspect  of the                                                               
proposed bill,  which would simplify  and streamline  the current                                                               
law  on  public disclosure  of  juvenile  information, which  she                                                               
described  as cumbersome.   She  directed attention  to the  flow                                                               
chart,  titled  "Current  Disclosure  Law,"  which  outlined  how                                                               
cumbersome and time  consuming the current practice  was for each                                                               
client.  [Included  in members' packets]  She  explained that the                                                               
proposed bill would streamline and  improve access to the process                                                               
for  making  information  available  to the  public.    She  then                                                               
directed  attention to  a second  flow chart,  "Proposed Juvenile                                                               
Disclosure Law - 2/6/2012."  [Included in members' packets]                                                                     
                                                                                                                                
3:43:33 PM                                                                                                                    
                                                                                                                                
TONY  NEWMAN,  Program  Officer, Division  of  Juvenile  Justice,                                                               
Department   of  Health   and   Social   Services,  stated   that                                                               
improvement to the abilities for  the child protection system and                                                               
the  juvenile justice  system to  work together  was embraced  by                                                               
advocacy  systems nationwide,  and that  the proposed  bill would                                                               
make the  statement that the  two systems were dedicated  to this                                                               
goal.   Directing attention  to proposed  AS 47.12.310(f)  of the                                                               
proposed bill, he  pronounced that this would  enable Division of                                                               
Juvenile   Justice  to   be  more   responsive  to   requests  by                                                               
individuals with a need for  background information on juveniles.                                                               
He explained  that Section 5  of the proposed bill  would improve                                                               
an  understanding  by  staff  and  the public  for  the  need  of                                                               
specific public disclosures of juvenile  offenses.  He emphasized                                                               
that  the  proposed bill  would  not  change any  laws  regarding                                                               
victim  notification,   and  parents  and  agencies   with  "well                                                               
established  rights to  juvenile information"  would continue  to                                                               
receive the necessary information  to effectively carry out their                                                               
duties.  He stated that  laws surrounding child abuse and neglect                                                               
were  not  affected by  the  proposed  bill.   He  summarized  by                                                               
stating  that the  proposed  bill would  improve  the ability  of                                                               
Division of  Juvenile Justice to "manage,  exchange, and disclose                                                               
juvenile information while respecting  the state's desire for its                                                               
juvenile system  to both  serve public safety  and help  kids put                                                               
delinquent behavior behind them."                                                                                               
                                                                                                                                
3:47:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  directed attention  to page  5, line  5 of                                                               
the proposed bill, "the public  shall disclose information to the                                                               
public," if the  minor subject was at least 13  years of age, and                                                               
had committed  any of  the listed offenses,  and then  pointed to                                                               
page 5,  line 18,  "the department has  filed a  petition seeking                                                               
adjudication of  a minor  as a  delinquent on  the offense."   He                                                               
asked for an explanation to its meaning.                                                                                        
                                                                                                                                
3:48:08 PM                                                                                                                    
                                                                                                                                
MR. NEWMAN, in response to  Representative Seaton, explained that                                                               
police  identification  of a  juvenile  suspected  of an  offense                                                               
resulted in  a referral  to Division  of Juvenile  Justice, which                                                               
was different  than the adult  system.  He  elaborated, declaring                                                               
that  referrals  from  law enforcement  were  given  directly  to                                                               
Division of  Juvenile Justice, and  a juvenile  probation officer                                                               
was tasked with determining the  dispensation of the report.  The                                                               
proposed  bill  allowed the  probation  officer  to petition  the                                                               
court  for  adjudication on  juvenile  delinquency,  and, if  the                                                               
court  found  probable  cause,  then  the  information  would  be                                                               
available for public disclosure.                                                                                                
                                                                                                                                
3:49:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON asked  if  this  procedure referenced  the                                                               
seven offenses listed in proposed  AS 47.12.315(a), lines 8 - 15,                                                               
or  did  it also  reference  offenses  similar to  and  including                                                               
multiple truancies.                                                                                                             
                                                                                                                                
3:50:54 PM                                                                                                                    
                                                                                                                                
MR. NEWMAN replied that the  seven listed offenses, but not lower                                                               
offenses,  were eligible  for public  disclosure if  the juvenile                                                               
probation officer filed a petition on  one of those offenses.  He                                                               
noted that  truancy was handled  through the district  court, not                                                               
the Division of Juvenile Justice.                                                                                               
                                                                                                                                
3:51:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON   asked  to   clarify  that   proposed  AS                                                               
47.12.315(b) was referring to subsection (a).                                                                                   
                                                                                                                                
REPRESENTATIVE MUNOZ explained that,  although the seven offenses                                                               
were eligible for required public  disclosure, probable cause had                                                               
to be first  established.  She described that  probable cause was                                                               
only  determined  after  Division  of Juvenile  Justice  filed  a                                                               
petition seeking adjudication  of the minor as  a delinquent, the                                                               
court arraigned  the minor,  and the court  entered a  finding of                                                               
probable cause.                                                                                                                 
                                                                                                                                
REPRESENTATIVE SEATON  asked for clarification as  subsection (b)                                                               
read "may disclose," while subsection (a) read "shall disclose."                                                                
                                                                                                                                
CHAIR KELLER,  pointing to page  5, lines 16  - 17, said  that it                                                               
described "may [disclose] only if one, two, and three."                                                                         
                                                                                                                                
3:53:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SEATON  asked   to  clarify   that  these   were                                                               
sequential,  not   parallel,  statements,  and  that   both  were                                                               
required before any release of public disclosure.                                                                               
                                                                                                                                
3:54:18 PM                                                                                                                    
                                                                                                                                
MR. NEWMAN expressed agreement,  pointing out that probable cause                                                               
had to be established.                                                                                                          
                                                                                                                                
CHAIR KELLER, referring to the  aforementioned flow charts, asked                                                               
if there was  less information required for  disclosure under the                                                               
proposed bill.                                                                                                                  
                                                                                                                                
MR.  NEWMAN,  in  response,  explained  that  under  the  current                                                               
system,  the  intake  probation  officer  determined  whether  to                                                               
petition the  offense to the  court; whereas, under  the proposed                                                               
bill, the  court would  need to  establish probable  cause before                                                               
any public disclosure.                                                                                                          
                                                                                                                                
3:55:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KERTTULA asked to  clarify that, under the current                                                               
system, there  was more  public disclosure  without a  finding of                                                               
probable cause.                                                                                                                 
                                                                                                                                
MR.  NEWMAN  agreed  that  no   finding  of  probable  cause  was                                                               
currently required for public disclosure.                                                                                       
                                                                                                                                
REPRESENTATIVE  KERTTULA  asked  if,  at a  finding  of  probable                                                               
cause, the juvenile could then be taken into custody.                                                                           
                                                                                                                                
MR. NEWMAN  stated that  the initial  advisement hearing  for the                                                               
juvenile,   often  after   detention,  was   prior  to   a  final                                                               
adjudication hearing.   He noted  that the state  could determine                                                               
that a  delinquent act had  been committed during  the advisement                                                               
hearing.                                                                                                                        
                                                                                                                                
REPRESENTATIVE KERTTULA,  observing that  probable cause  was the                                                               
finding effect, asked  if the proposed bill  had added misconduct                                                               
concerning weapons  in the first  through fifth degrees,  as well                                                               
as  some drug  crimes.   She  asked  if the  current  law had  an                                                               
exception  for  misconduct   involving  a  controlled  substance,                                                               
except for those listed under AS 11.71.040 and AS 11.71.050.                                                                    
                                                                                                                                
3:58:01 PM                                                                                                                    
                                                                                                                                
MR. NEWMAN  reflected that the  seven offenses enumerated  in the                                                               
proposed bill,  page 5, lines  8 - 15, closely  mirrored offenses                                                               
which currently existed in law.   He pointed out that robbery and                                                               
misconduct involving  weapons in the first  through fifth degrees                                                               
were included in  the proposed bill, as they  were often included                                                               
in  the use  of a  deadly  weapon.   He offered  his belief  that                                                               
misconduct involving a controlled  substance was also currently a                                                               
requirement of the public disclosure law.                                                                                       
                                                                                                                                
3:59:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KERTTULA  asked about  any exceptions to  the drug                                                               
cases  in  the current  law.    She  asked  for a  definition  to                                                               
misconduct involving weapons in the fifth degree.                                                                               
                                                                                                                                
MR. NEWMAN replied that he would research it.                                                                                   
                                                                                                                                
4:00:17 PM                                                                                                                    
                                                                                                                                
RODNEY  DIAL, Lieutenant,  Alaska  State  Troopers, testified  in                                                               
support of  HB 343, explaining  that the exchange  of information                                                               
would be  beneficial to all  the involved agencies.   In response                                                               
to Representative  Kerttula, he  defined misconduct  with weapons                                                               
in the  fifth degree  as knowing possession  of a  deadly weapon,                                                               
other than a  pocket knife, by someone 21 years  of age or older;                                                               
knowing possession  of a firearm  by someone  16 years of  age or                                                               
younger,  without  the consent  of  a  parent or  guardian;  and,                                                               
knowing possession  of a firearm within  the grounds of, or  on a                                                               
parking  lot immediately  adjacent  to, an  entity  other than  a                                                               
private residence.                                                                                                              
                                                                                                                                
4:02:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KERTTULA,  posing a question, asked  to clarify if                                                               
an unemancipated minor, fifteen and a  half years of age, owned a                                                               
gun, would that be within  the definition of misconduct involving                                                               
weapons in the fifth degree.                                                                                                    
                                                                                                                                
LT. DIAL replied  that the consent of the parent  or the guardian                                                               
of the minor was the key to the definition.                                                                                     
                                                                                                                                
4:03:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON asked  if a  hunting knife,  instead of  a                                                               
pocket knife, was determined to be a deadly weapon.                                                                             
                                                                                                                                
LT.  DIAL, in  response, said  that the  key would  be if  it was                                                               
concealed  on the  person.   He shared  that a  pocket knife  was                                                               
generally defined as shorter than 3 inches in length.                                                                           
                                                                                                                                
REPRESENTATIVE SEATON expressed his  concern for the inclusion in                                                               
the proposed  bill of misconduct  involving weapons in  the fifth                                                               
degree, as  many people carried  hunting knives that did  not fit                                                               
the definition of  a pocket knife, especially as  they were often                                                               
worn under a coat.                                                                                                              
                                                                                                                                
4:05:16 PM                                                                                                                    
                                                                                                                                
CHAIR  KELLER   pointed  out  that   this  definition   would  be                                                               
considered  in   the  next  committee  of   referral,  the  House                                                               
Judiciary Standing Committee.                                                                                                   
                                                                                                                                
4:05:42 PM                                                                                                                    
                                                                                                                                
LT. DIAL,  in response to  Representative Seaton,  clarified that                                                               
an affirmative defense for this charge  was for someone to be "in                                                               
their dwelling or on land owned  by them, or was actually engaged                                                               
in lawful  hunting, fishing, trapping  or another  lawful outdoor                                                               
activity,  that  necessitates  the   carrying  of  a  weapon  for                                                               
personal  protection."   He  declared that  a  minor, carrying  a                                                               
large  knife in  a  lawful outdoor  activity,  would not  pertain                                                               
under this law.                                                                                                                 
                                                                                                                                
4:06:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   KERTTULA  offered   her   belief  that   neither                                                               
misconduct involving weapons  nor misconduct involving controlled                                                               
substances  were currently  included in  public disclosure  laws.                                                               
She expressed her  concern for the necessity of  these for public                                                               
disclosure, unless the individual themselves wanted it.                                                                         
                                                                                                                                
4:07:07 PM                                                                                                                    
                                                                                                                                
MR. NEWMAN, directing attention to  the current law, AS 47.12.315                                                               
(b),  stated that  public  disclosure would  apply  to crimes  in                                                               
which  a minor  employed  a  deadly weapon.    He  shared of  the                                                               
struggle to define  whether "employed" meant that  the weapon was                                                               
with the  person when they  committed the offense.   He clarified                                                               
that  the  Division  of Juvenile  Justice  still  maintained  the                                                               
ability to make a decision whether  to petition the court for the                                                               
offense, and that it was not  until after this petition and after                                                               
the court had  maintained probable cause, for there  to be public                                                               
disclosure.                                                                                                                     
                                                                                                                                
4:08:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  expressed his concern that  the definition                                                               
of the crime was for just having  the knife, and not for having a                                                               
weapon  during  the commission  of  the  crime.   He  stated  his                                                               
support  for the  disclosure,  but that  he did  not  want it  to                                                               
become broader in scope than the intention.                                                                                     
                                                                                                                                
4:09:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MUNOZ  asked  Lt.   Dial  for  a  description  of                                                               
misconduct involving weapons in the fourth degree.                                                                              
                                                                                                                                
4:10:08 PM                                                                                                                    
                                                                                                                                
LT.  DIAL  explained that  misconduct  involving  weapons in  the                                                               
fourth degree, a  Class A misdemeanor, was a crime  if the person                                                               
possessed a  firearm on their  person or  in the interior  of the                                                               
vehicle in which  they were present, when the  physical or mental                                                               
condition of  the person was  impaired by the introduction  of an                                                               
intoxicating liquor or a controlled  substance.  He declared that                                                               
the discharge  of a  firearm across a  highway, or  with reckless                                                               
disregard for  risk to property  or physical injury to  a person,                                                               
was also  defined as a  fourth degree  violation.  He  noted that                                                               
switchblade  or gravity  knives,  metal  knuckles, and  knowingly                                                               
selling a firearm to someone less  than 18 years of age were also                                                               
included in the definition.                                                                                                     
                                                                                                                                
4:11:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KERTTULA asked if  misconduct involving weapons in                                                               
the fifth degree was a Class B misdemeanor.                                                                                     
                                                                                                                                
LT. DIAL expressed his agreement.                                                                                               
                                                                                                                                
REPRESENTATIVE KERTTULA  mused that  the definition for  a deadly                                                               
weapon  used to  be  "anything that  under  the circumstances  in                                                               
which it's used, attempted to be  used, or threatened to be used,                                                               
is  capable of  causing death  or serious  physical injury.   So,                                                               
that  could be  just about  anything."   She asked  if a  Class B                                                               
misdemeanor was necessary for public disclosure.                                                                                
                                                                                                                                
MR.  NEWMAN  assured that,  although  he  did not  have  specific                                                               
figures  for  its management  in  Division  of Juvenile  Justice,                                                               
almost 50  percent of  offenses were  managed outside  the formal                                                               
court system.   He  pointed out  that these  misdemeanors, unlike                                                               
felonies, were  a level of offenses  that were more likely  to be                                                               
managed outside the court system,  and thereby, were not eligible                                                               
for public disclosure.                                                                                                          
                                                                                                                                
4:13:18 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER, agreeing with the  concerns for the definition of a                                                               
hunting knife as a deadly weapon,  pointed out that the issue was                                                               
misconduct with  that knife,  and that  the Division  of Juvenile                                                               
Justice still had to file a petition seeking adjudication.                                                                      
                                                                                                                                
4:14:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  offered his belief that  the inclusion for                                                               
a knife longer than three  inches in the definition of misconduct                                                               
involving  a  deadly  weapon  allowed for  someone  who  was  not                                                               
actively  hunting to  be charged.    He expressed  his desire  to                                                               
delete misconduct involving weapons in  the fifth degree from the                                                               
proposed bill.                                                                                                                  
                                                                                                                                
4:15:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MUNOZ, as the prime  sponsor of the proposed bill,                                                               
offered her support for the change.                                                                                             
                                                                                                                                
4:15:58 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER closed public testimony.                                                                                           
                                                                                                                                
4:16:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  moved to adopt Conceptual  Amendment 1, as                                                               
follows:                                                                                                                        
                                                                                                                                
     Page 5, line 15, following "through"                                                                                       
          Delete "fifth"                                                                                                        
          Insert "fourth"                                                                                                       
                                                                                                                                
There being no objection, Conceptual Amendment 1 was adopted.                                                                   
                                                                                                                                
4:16:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT  moved to report  HB 343, as  amended, out                                                               
of   committee   with    individual   recommendations   and   the                                                               
accompanying zero fiscal  notes.  There being  no objection, CSHB                                                               
343(HSS) was forwarded from the  House Health and Social Services                                                               
Standing Committee.                                                                                                             

Document Name Date/Time Subjects
1 SB 127 Sponsor Statement.pdf HHSS 3/15/2012 3:00:00 PM
SB 127
2 SB 127 Bill Text version A.pdf HHSS 3/15/2012 3:00:00 PM
SB 127
3 SB127 Fiscal Note.pdf HHSS 3/15/2012 3:00:00 PM
SB 127
4 SB 127 10 Things About FAS.pdf HHSS 3/15/2012 3:00:00 PM
SB 127
5 SB 127 Ltr of Support AMHB ABADA LOS FASD Day 2-13-12.pdf HHSS 3/15/2012 3:00:00 PM
SB 127
6 SB 127 Ltr of Support Arctic FASD RTC.pdf HHSS 3/15/2012 3:00:00 PM
SB 127
7 SB 127 Ltr of Support Gov Council Disability Spec Ed.pdf HHSS 3/15/2012 3:00:00 PM
SB 127
1 HB 218 sponsor.docx HHSS 3/15/2012 3:00:00 PM
HB 218
test HHSS 3/15/2012 3:00:00 PM
HB 218
2.5 HB 218-DCCED-INS-02-24-12 fiscal note.pdf HHSS 3/15/2012 3:00:00 PM
HB 218
3 HB 218 Sectional summary.pdf HHSS 3/15/2012 3:00:00 PM
HB 218
4 Premera Letter HB 218.pdf HHSS 3/15/2012 3:00:00 PM
HB 218
01 - HB 343, Original Bill, Version A, Disclosure of Children's Records.PDF HHSS 3/15/2012 3:00:00 PM
HB 343
02 - HB 343 Sponsor Statement, Original Bill, Version A.pdf HHSS 3/15/2012 3:00:00 PM
HB 343
03 - HB 343 Sectional Analysis of Original Bill, Version A.pdf HHSS 3/15/2012 3:00:00 PM
HB 343
3.5 HB 343-DHSS-PS-3-12-12 Fiscal note.pdf HHSS 3/15/2012 3:00:00 PM
HB 343
3.75 HB 343-DOA-PDA-3-6-12 Fiscal note.pdf HHSS 3/15/2012 3:00:00 PM
HB 343
3.76 HB 343-DOA-OPA-3-12-12 Fiscal Note.pdf HHSS 3/15/2012 3:00:00 PM
HB 343
04 - HB 343 Letter of Support from the Division of Juvenile Justice, 24 February 2012.pdf HHSS 3/15/2012 3:00:00 PM
HB 343
05 - HB 343 Letter of Support from the Office of Children's Services, 27 February 2012.pdf HHSS 3/15/2012 3:00:00 PM
HB 343
06 - HB 343 Supporting Document, Flow Chart Explaining Current Disclosure Law by the Division of Juvenile Justice, 6 February 2012.pdf HHSS 3/15/2012 3:00:00 PM
HB 343
07 - HB 343 Supporting Document, Flow Chart Explaining Proposed Disclosure Law by the Division of Juvenile Justice, 6 February 2012.pdf HHSS 3/15/2012 3:00:00 PM
HB 343